can i sue NCP?

[kandyflip03]

What is the name of your state? TEXAS

short: can you sue NCP in small claims for back child support? Or is there something else that can be done besides going through the child support office?

details: owes 8,000, doesnt' pay current or visit. went to court once allready. Ordered to pay 1000 within a month to be in compliance. He did it, but as soon as court was over, he stopped paying again. The child support office says I basically have to start all over to take him to court again. Yes, I know they are very busy, that is why I am wondering if there is another way. Oh, he works for cash and owns nothing. Why is it that they can't force him to work 'on top' of the table? thanks for any help!

 

[brisgirl825]

You already have a court order, there is no need to get another one. You'll just be wasting time and money.
Are you getting help from child support enforcement?

 

[kandyflip03]

are child support enforcers the same ppl that work in the office where I got my court order? Then yes- we juat had court at the end of july. Now I was told that if he didn't pay FULL child support for 3 months (doesn't have to be consecuative) then I can take him to court again. BLAH! I was wondering if there was a different route I could take. I know there are child support collectors out there, but they want like 30% of whatever they collect (boo). SO, on nov 1st, I can file for another court date but that seems so monotonous. I just did that back in july!

 

[brisgirl825]

are child support enforcers the same ppl that work in the office where I got my court order? Then yes- we juat had court at the end of july. Now I was told that if he didn't pay FULL child support for 3 months (doesn't have to be consecuative) then I can take him to court again. BLAH! I was wondering if there was a different route I could take. I know there are child support collectors out there, but they want like 30% of whatever they collect (boo). SO, on nov 1st, I can file for another court date but that seems so monotonous. I just did that back in july!

Unfortunately, these things take time. I know it's frustrating. Just keep doing what you are now. Everytime he misses, file contempt, etc.

Don't go to support kids or places like that unless it's absolutely necessary. I did when I was in dire straights. I was facing going on welfare, so at that point, something was better than nothing. But if you can do w/o the money immediately, wait so you don't have to give that high a percentage for the help. I now pay CSE only 3% for their help, as compared to the 25-30% from support kids.

 

[kandyflip03]

Thanks for your understanding reply! I can do without the CS- rephrase- i DO do wihtout it AND he doesn't visit either, so it seems a fair trade. I get my daughter all to myself and he isn't paying CS. It's just every few months he calls and says something stupid that gets me all GRRRRR. He won't give up paternal rights either although I don't see why, but the CS is just a matter of principle, but thanks again!

 

[brisgirl825]

Are you married? How long has it been since he visited and paid support?

 

[kandyflip03]

I am not married and NCP paid the 1000 in july so that he would be in compliance and not go to jail. since he was found in compliance and court is over, he doesn't pay again. He literally paid nothing for 2004. The only time he did pay was when he was in jail and his parents paid for him while he was in jail. The last time he visited was.....(hold on, still thinkng....) was in June after the first court date ordering him to pay 1000. Before that it had been over 1 1/2 years. our daughter is only 4... does this info make a difference somehow!!!!

 

[brisgirl825]

Well you were talking about terminating rights so I was seeing if you would be able to do that.
Texas, from what I have learned here, has been known to allow a non-married CP get a TPR against the NCP. However, I am sure that the CP must have been well off enough for the state to feel confortable in the fact that they wouldn't end up footing the bill for such a decision. Usually a TPR is done along with a step-parent adoption so that there are always two parents to be responsible for the child.
It hasn't been long enough to do a TPR anyway though. He must not visit(phone, mail, physical visits) and no cs for 6 mths.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-texas/article/8673/1.html

 

[kandyflip03]

Hey, thanks for that info- I am engaged however so when we finally tie the knot, I will definately keep those facts in mind.

 

[brisgirl825]

Hey, thanks for that info- I am engaged however so when we finally tie the knot, I will definately keep those facts in mind.

There is also a length of time you have to be married before you would qualify. Usually between 6 mths to 2 yrs, depending on the state.

Good Luck!

 

[Inquiry123]

can you sue NCP in small claims for back child support? Or is there something else that can be done besides going through the child support office?

No...Small Claims Court will not handle this problem. You have a couple of options...

1. Have the TX AG's office handle the matter administratively. Takes a long time and can be ineffective, but it's free. They will send the obligor an automated "threatening" demand letter every few weeks. As long as the obligor is making some effort to pay, court will be avoided.

2. File for contempt. You can do this yourself or hire a paralegal to complete the appropriate forms that you can file in order to have the matter brought before the court again. With the filing fees, this would cost a few hundred dollars...ask the court that the obligor be required to reimburse all of those costs as well. The court can order the obligor to pay X amount or face arrest.

Did you move to TX or did your ex move away?

 

[kandyflip03]

We both live in TX, as a matter of fact, we live like 2 min away from each other (that is what makes this so sad).

Now would I have to pay contempt filing fees up front?

 

[brisgirl825]

We both live in TX, as a matter of fact, we live like 2 min away from each other (that is what makes this so sad).

Now would I have to pay contempt filing fees up front?

I am sure you would have to pay at the time of filing. Most of the time, they will only take cash or money order.

 

[stargazer0725]

Filing fees are comparatively minimal. I live in Texas and have dealt with the the OAG's office and a private attorney, as well as going pro-se for a time. The private attorney did more for me than anything (and I got a judgement for part of the attorney's fees - but I haven't seen a single payment on that).

Ex is currently in jail for child support evasion, with the stipulation of posting a bond for the $10k plus attorney's fees he owes me.

Filing pro-se cost me $20 to file, $20 to request a citation, and $110 to hire a private process server to serve him with the contempt papers. Add about $15 for copies of legal forms that can be obtained from the law library at the courthouse and a few duplicates and you come out under $200.

However, I was taken much more seriously by the judge when I hired the attorney - borrowed money from my employer and paid it back over 4 months.

 

[betterthanher]

What is the name of your state? TEXAS

short: can you sue NCP in small claims for back child support? Or is there something else that can be done besides going through the child support office?

details: owes 8,000, doesnt' pay current or visit. went to court once allready. Ordered to pay 1000 within a month to be in compliance. He did it, but as soon as court was over, he stopped paying again. The child support office says I basically have to start all over to take him to court again. Yes, I know they are very busy, that is why I am wondering if there is another way. Oh, he works for cash and owns nothing. Why is it that they can't force him to work 'on top' of the table? thanks for any help!

Didn't you already address this issue of back support in another thread not too long ago?